Browning v. D. E. Hewitt Lumber Co.

Lynch, Judge :

Plaintiff sued in assumpsit on the common counts to recover compensation for timber cut and slipped by him for defendant, a lumber corporation, on land described as being on the left band side of Henry’s Branch below Salt Log Fork in Logan County, and the verdict and judgment gave him the amount of his claim less a store account chargeable to and charged against him on the books of the company.

The rate of compensation agreed upon by the parties was $2.75 per each thousand feet, board measure, at the mill operated by the defendant on or near the land where the timber grew, by…